STATEN ISLAND, N.Y. -- The family of a Port Richmond man crushed to death by a city bus has sued New York City Transit and the bus driver.

Benjamin Franklin Murray, 43, was killed on Sept. 30, 2010, on the rain-slicked corner of Port Richmond and Post avenues, said police.

Murray was struck by an S57 bus at 6:38 a.m.

Roberta Murray of Brooklyn, as administrator of the victim's estate, seeks unspecified monetary damages from New York City Transit and the bus driver.

Ms. Murray filed the action in Brooklyn, where she lives; however, it was recently transferred to Staten Island.

Transit sought the change of venue arguing that, by law, trials against the agency are to be held in the borough in which the cause of action arose.

The suit alleges the victim died due to the defendants' "negligence, carelessness and recklessness," but doesn't provide specifics.

Transit has denied the allegations in court papers.

A spokesman for the Metropolitan Transportation Authority, which oversees Transit, said the agency doesn't comment on pending litigation.

Advance reports, citing NYPD sources, said witnesses told police Murray was covering his head with a hoodie to protect himself from the rain as he crossed the street, and either slipped or was knocked off his feet by the bus, according to NYPD sources. He ended up under the rear wheel of the bus and was crushed, police said.

Kevin Ortiz, an MTA spokesman told the Advance then that initial reports indicated the bus was making a left turn from Port Richmond Avenue onto Post when it hit the victim.

"The bus operator was unaware that he had struck a pedestrian, and continued on his route," Ortiz said.

Police actually recalled two S57 buses to the scene, said Ortiz. Neither bus showed any damage or indication that it had hit someone, but the rain may have washed away evidence of the impact, he said.